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(영문) 창원지방법원 마산지원 2018.05.25 2017고단488
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million by the same court on May 9, 2016.

Although the Defendant had had the same history of driving under the influence of alcohol twice again, on March 28, 2017, the Defendant driven B-type vehicles without a driver’s license at a distance of about 300 meters from a distance of about 300 meters to the road front the marb in front of the trade in the Changwon-si male Dong in Changwon-si, Changwon-si, a man-dong, while under the influence of alcohol at a level of 0.106% of alcohol concentration among the blood transfusions on March 28, 2017.

As a result, the Defendant, who has driven a motor vehicle twice or more times, once again driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no serious criminal history);

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